Best DUI & DWI Lawyers in New York

About DUI & DWI Law in New York, United States:

DUI stands for Driving Under the Influence, while DWI stands for Driving While Intoxicated. In New York, these terms are often used interchangeably and refer to the illegal act of operating a motor vehicle while impaired by alcohol or drugs. Being charged with a DUI or DWI can have severe consequences, including fines, license suspension, and even jail time.

Why You May Need a Lawyer:

If you are facing a DUI or DWI charge in New York, it is crucial to seek legal representation. A lawyer can help you navigate the complex legal system, defend your rights, and potentially negotiate a plea bargain or reduced sentence. Additionally, a lawyer can guide you through the legal process and ensure that your interests are protected.

Local Laws Overview:

In New York, the legal blood alcohol concentration (BAC) limit is 0.08% for drivers over the age of 21. However, for drivers under 21, the limit is 0.02%. The state also has strict penalties for those convicted of DUI or DWI, including fines, license suspension, and mandatory alcohol education programs. Furthermore, New York has an implied consent law, which means that drivers are required to submit to a breathalyzer test if requested by law enforcement.

Frequently Asked Questions:

Q: What are the penalties for a first-time DUI/DWI offense in New York?

A: Penalties for a first-time DUI or DWI offense in New York may include fines, license suspension, and even jail time depending on the circumstances of the case.

Q: Can I refuse to take a breathalyzer test in New York?

A: Yes, you can refuse to take a breathalyzer test in New York. However, there are consequences for refusing, including license suspension.

Q: How long will a DUI/DWI charge stay on my record in New York?

A: A DUI or DWI charge can stay on your record for up to 10 years in New York.

Q: Can I represent myself in a DUI/DWI case in New York?

A: While you have the right to represent yourself in court, it is highly recommended to seek legal representation for a DUI or DWI case in New York due to the complexity of the legal system and potential consequences.

Q: Are there any defenses against a DUI/DWI charge in New York?

A: Yes, there are several defenses against a DUI or DWI charge in New York, including challenging the accuracy of the breathalyzer test or questioning the legality of the traffic stop.

Q: Will I lose my driver's license if convicted of a DUI/DWI in New York?

A: Yes, you may lose your driver's license if convicted of a DUI or DWI in New York, as license suspension is a common penalty for such offenses.

Q: How can a lawyer help me with a DUI/DWI case in New York?

A: A lawyer can help you navigate the legal system, build a strong defense, negotiate with prosecutors, and advocate for your rights throughout the legal process.

Q: Can I expunge a DUI/DWI charge from my record in New York?

A: In New York, DUI or DWI charges cannot be expunged from your record. However, you may be eligible for record sealing in certain circumstances.

Q: What is the difference between a DUI and a DWI in New York?

A: In New York, there is no legal distinction between DUI and DWI, as both terms refer to impaired driving offenses.

Q: How much does it cost to hire a lawyer for a DUI/DWI case in New York?

A: The cost of hiring a lawyer for a DUI or DWI case in New York can vary depending on the complexity of the case and the experience of the lawyer. It is advisable to discuss fees and payment options with potential attorneys before agreeing to representation.

Additional Resources:

If you are in need of legal assistance for a DUI or DWI case in New York, you can contact the New York State Bar Association or the Legal Aid Society for referrals to experienced attorneys in your area. Additionally, the New York State Department of Motor Vehicles website provides information on DUI and DWI laws, penalties, and resources for those facing charges.

Next Steps:

If you have been charged with a DUI or DWI in New York, it is essential to seek legal advice as soon as possible. Contact a qualified attorney who specializes in DUI and DWI cases to discuss your options and begin building a strong defense. Remember, having a knowledgeable lawyer on your side can make a significant difference in the outcome of your case.